W.S.B. & Associates, Inc. v. Service Employees Internationa, No. 09-17252 (9th Cir. 2011)

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FILED NOT FOR PUBLICATION UNITED STATES COURT OF APPEALS JAN 19 2011 MOLLY C. DWYER, CLERK U.S. COURT OF APPEALS FOR THE NINTH CIRCUIT W.S.B. & ASSOCIATES, INC., Petitioner - Appellant, No. 09-17252 D.C. No. 4:08-cv-05266-WDB v. MEMORANDUM* SERVICE EMPLOYEES INTERNATIONAL UNION, LOCAL 1877, Respondent - Appellee. Appeal from the United States District Court for the Northern District of California Wayne D. Brazil, Magistrate Judge, Presiding Submitted January 14, 2011** San Francisco, California Before: WALLACE, NOONAN, and SILVERMAN, Circuit Judges. W.S.B. & Associates, Inc. ( WSB ) raised its objection to the collective bargaining agreement s liquidated damages clause for the first time in its motion * This disposition is not appropriate for publication and is not precedent except as provided by 9th Cir. R. 36-3. ** The panel unanimously concludes this case is suitable for decision without oral argument. See Fed. R. App. P. 34(a)(2). for summary judgment. Because WSB did not sufficiently present this ground for vacating the arbitration award to the district court, its objection is waived on appeal. See Navaho Nation v. U.S. Forest Serv., 535 F.3d 1058, 1079-80 (9th Cir. 2008) (en banc), cert. denied, 129 S. Ct. 2763 (2009); Fed. R. Civ. P. 8(a). AFFIRMED.

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